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Bombay High CourtCA/16661/2015admittedallowedgrantedrule absolute

Rangubai Dhanraj @ Dhananjay Jivane And ORS v. United India Insurance Co. Ltd. And ORS

2016-02-15Hon'Ble Shri Justice T.V. Nalawade2 pages

-:(1):- 16661 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 16661 OF 2015 IN FA/1625/2012 WITH CA/10358/2012 IN FA/1625/2012 RANGUBAI DHANRAJ @ DHANANJAY JIVANE AND ORS

VERSUS

UNITED INDIA INSURANCE CO. LTD. AND ORS ...

Advocate for Applicants : Mr. Mundhe Sanjay V. Advocate for Respondent No.1: Mr. S. V. Kulkarni. *** CORAM: T. V. NALAWADE, J.

DATED:

15th FEBRUARY, 2016.

PER COURT:

1.

The application is filed by original claimants for permission to withdraw the amount of compensation. Both the sides are heard.

2.

Learned counsel for the insurance company submitted that the Award is challenged on many grounds and one of the grounds is contributory negligence of the deceased. Dash was given to the stationary tractor and trolley by motor cycle of the deceased. The Tribunal has granted the compensation amount and nothing is reduced by considering contributory negligence. This Court holds

-:(2):- 16661 that permission can be granted to withdraw 50% of the amount of compensation with interest.

3.

The application is allowed in those terms. Disbursement of the 50% amount of compensation along with interest is to be made as per the Award. 4.

Call R. & P.

[T. V. NALAWADE, J.] Dt.15/02/2016.

ans/16661